The DePuy ASR hip implant is the subject of a new lawsuit, alleging that the device failed prematurely and caused serious side effects.

Plaintiff Cynthia K. and her husband, David K., recently filed a lawsuit against DePuy Orthopaedics Inc., Johnson & Johnson, and other related companies, alleging that the DePuy ASR hip implant fails prematurely and can cause serious side effects.

Cynthia underwent a total right hip replacement in January 2010. After the operation, she claims, she began to experience “pain, stiffness, discomfort, and weakness which in turn negatively [affected] plaintiff’s mobility and quality of life and [necessitated] a revision surgery and the resulting pain following surgery and recuperation/rehabilitation period and physical therapy”.

On May 29, 2018, Cynthia is scheduled to have the DePuy ASR hip implant removed from her body and replaced. The “Plaintiff’s ability to perform normal physical activities has been and will be consequently limited,” the lawsuit states, and she “suffers from anxiety about the recalled hip implant, the toxicity of the metal in the body, and the consequent need for medical monitoring.”

Hip Revision Surgery

In a hip revision surgery, the existing hip implant is removed and replaced with another device, commonly a metal-on-ceramic or metal-on-plastic design. Revision surgeries may be especially difficult if the patient had a local reaction to the original implant that may have affected the soft tissue or bone quality. Such damage would make it more difficult to mount a new hip implant.

Risks of revision surgery include anesthesia complications, excessive bleeding, blood clots, infection, pulmonary embolism, and further implant failure.

Metal-on-metal hip replacements such as the DePuy ASR hip implant have allegedly had numerous reports of complications. According to the FDA, “metal particles from a metal-on-metal implant may cause a reaction around the joint, leading to deterioration of the tissue around the joint, loosening of the implant and failure of the device.”

Complications reported with metal-on-metal hip implants include an increased risk of cancer, degenerative heart disease cardiomyopathy, non-cancerous tumors, swelling, severe discomfort, and metal poisoning. These complications can lead to premature failure of the hip implant which necessitates revision surgery.

Voluntary Hip Implant Recall

In August 2010, the FDA announced the recall of 93,000 hip implants worldwide due to data from the UK joint registry that found 13% of DePuy ASR hip implants require hip revision surgery to correct debilitating complications. Of the 93,000 hip implants recalled worldwide, 37,000 were in the United States. Following the recall, many DePuy ASR settlements and lawsuits were filed from patients with alleged complications from their hip implant.

Cynthia accuses the defendants of negligence, strict products liability – design defect, strict products liability – manufacturing defect, strict products liability – failure to warn, breach of warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud and deceit, loss of consortium and violation of state consumer protection laws.

The lawsuit seeks compensatory damages, punitive or exemplary damages, statutory damages, court costs, and attorneys’ fees.

The DePuy ASR Hip Implant Lawsuit is Case No. 1:18-dp-20037-JJH and is part of the DePuy ASR MDL, In re: DePuy Orthopaedics Inc. ASR Hip Implant Products Liability Litigation, MDL No. 1:10-md-2197, in the United States District Court for the Northern District of Ohio.